Board of Supervisors Meeting Date:


Premier Homes at Cedar Mill, LLC; John M. & Carolyn Fagnani; Constance D. Clyde, Trustee & Lisa M. Clyde Nielsen, Trustee; and David E. Holloway, Owners

Premier Homes at Cedar Mill LLC, Applicant


December 8, 2005

Staff Lead:



Melissa Dargis, Assistant Chief of Planning

Community Development


Magisterial District:  Center













Comprehensive Compliance Review CCRV06-CT-001: Premier Homes at Cedar Mill, LLC, Comprehensive Plan Conformance Determination


Topic Description:


The applicant is seeking a Comprehensive Plan Conformance Determination for the aforementioned six (6) parcels to determine if public water service can be extended to include these properties, even if the properties are not located within the Warrenton Service District.


The 1997 Water and Sewer Master Plan for the County prepared by the Fauquier County Water and Sanitation Authority (WSA) and incorporated into the Comprehensive Plans shows that although these properties are outside the Warrenton Service District, they are anticipated to be served and scheduled for public water service.  Additionally, the Clyde property has a proposed water line located on the southwest corner of the property.


These properties were formerly within the Warrenton Service District, but were excluded in the revised Comprehensive Plan, adopted in 2003.


Project Information:


On October 27, 2005 and September 29, 2005, the Planning Commission held a public hearing on this item.  The hearing was closed and the application was forwarded to the Board of Supervisors with a recommendation of approval.  However, the Planning Commission forwarded this item with approval contingent on an approved developer’s agreement for the road improvements, as proposed by the applicant.  The Commission recommends that the Board overrule their finding if such an agreement is not forthcoming.  Staff notes that at the time of preparation of this report, no agreement has been received.


On October 17, 2005, the applicant’s representative submitted a letter to the County Attorney proposing that the applicant enter into an agreement with the County, pursuant to Virginia Code Section 15.2-2243 to upgrade Atlee and Frytown Roads adjoining the Clyde/Premier properties.  This would be done if the Board makes a determination that the aforementioned properties are included in the water service district.  Premier/Clyde also proposes to take responsibility for negotiating a cost-share agreement with the developers of the adjacent Timlin property as its location is critical to achieving a looped waterline system to provide adequate fire flow.





In general, the properties are located to the northeast of the Town of Warrenton, immediately to the north of Cedar Run, east of Route 29 and south of Route 605.  A map of the properties is shown below:




Zoning/Acreage/Land Use:

The properties are zoned Residential (R-1) and are presently in woodland and open space.  Adjacent properties are all zoned R-1.


Requested Action of the Board of Supervisors:

Conduct a public hearing and postpone this item.

Planning Commission Recommendation:


The Planning Commission forwarded this item to the Board of Supervisors with a recommendation of approval.  However, it was subject to receipt of an agreement for road improvements, as proposed by the applicant.  An excerpt from the approved motion is provided:


“…and to approve the request for a determination that extension of public water service for the subject property…however, that approval is contingent upon the applicant or others agreeing to improve the road network to an adequate degree to justify the extension of public services to the site prior to final action by the Board of Supervisors on this application.  In the event that such agreement in not forthcoming, it is the intent of my recommendation that the Board overrule this finding in accordance with Section 15.2-2232…”

Staff Analysis:




The tracts in question, and adjoining others, were included within the 1994 Comprehensive Plan Warrenton Service District, as well as the Fauquier County Water and Sanitation Authority’s Water and Wastewater Master Plan of March 1997 – which is part of the County’s Comprehensive Plan by reference in Chapter 9 – Public Facilities and Utilities.  However, in 2003, the Town of Warrenton informed the County that it could no longer provide municipal water and sewer service to new developments in the Service District.  Accordingly, the Planning Commission and the Board of Supervisors adopted a Service District Boundary in 2003 around those developments already served by the Town with municipal water and sewer service, and excluded undeveloped tracts not already served by the WSA.


Since the Plan’s adoption, the County has overseen the proposed extension of a public water line from New Baltimore south toward the Village of Frytown, through the area in question – specifically the Clyde property.  (This extension of public water was appropriate since the Chapter 9 reference to the WSA Water and Wastewater Master Plan of 1997 had already included these tracts within an approved ‘franchise area.’)  The Warrenton Service District Plan, through a Citizen Planning Committee Review, was recently revised and Board of Supervisors adopted it in 2005.  The applicants’ property again was not included within its boundary.


Status of the Pending Comprehensive Plan Amendment:


On July 14, 2005, the Board of Supervisors held a public hearing on Premier/Clyde: CPAM05-CT-006.  The application seeks approval of a Comprehensive Plan Amendment to include additional land in the Warrenton Service District.  Action was postponed upon the applicant’s attorney’s request, to allow time for the additional properties (PINs # 6994-37-9429-000 and 6994-37-8642-000) to proceed through the Planning Commission public hearing process. 


On May 26, 2005, the Planning Commission recommended denial of the Premier/Clyde Comprehensive Plan Amendment (CPAM05-CT-006) request.  That item had a Board of Supervisors public hearing on July 14, 2005.  It was postponed at that time to allow for this proposal to sync up with it so the two could be considered simultaneously.




These properties, which are all zoned R-1, connect with the Warrenton community via the proposed Academy Hill extension, the proposed Comfort Inn extended and a Frytown Road re-routed to minimize the floodplain crossing.  From a community perspective, these road connections are extremely valuable because they do much to reduce traffic congestion in the Fishback and Breezewood neighborhoods in Warrenton and divert traffic from the Route 29 Eastern Bypass. 




A new public water line extended through the Clyde parcel alters the fundamental utility situation that caused the County to exclude these R-1 zoned tracts two years ago.  Given the pivotal Warrenton Service District infrastructure associated with these parcels, it would be reasonable to include them in the Service District.  The advantage of this boundary is that road improvements to both Atlee Road and Frytown Road could become a public-private venture.




The Board of Supervisors is requested to make a determination on the appropriateness of the proposed Comprehensive Plan Conformance Determination, and if water service to this property is in compliance with the County’s Comprehensive Plan.  However, staff recommends that the Board postpone action on this item until the applicant provides staff with the agreement for the upgrades to Atlee and Frytown Roads, as suggested in the October 17, 2005 letter from its representative as well as in conjunction with the contingent motion forwarded by the Planning Commission.




  1. Premier at Cedar Mills, LLC Plat
  2. Statement of Justification
  3. October 17, 2005 letter regarding road upgrades
  4. Resolution
  5. Agreement to Fund Road Improvements to Atlee and Frytown Roads